Archive for January, 2011
The Department of Housing and Urban Development will release $1 billion in mortgage assistance to the unemployed this spring, a HUD spokesman confirmed to HousingWire Tuesday, after receiving complaints from lawmakers and advocacy groups that HUD was dragging its feet.
More than 60 national consumer advocacy groups called on HUD to implement a program created under Dodd-Frank that would pay up to $50,000 per eligible borrower.
The HUD money comes with a 0% interest rate and is intended to assist homeowners with mortgage payments for up to 24 months. Borrowers must show they have either lost their job or suffer from a medical condition to qualify for the federal funds. Also, a household's yearly income cannot exceed 120% of the area's median income, and the income must have been reduced by at least 15% over the last two years.
The property must be the borrower's primary residence yet on the verge of foreclosure. The funds will compliment an initiative from the Treasury Department for assisting the unemployed through the Hardest Hit Fund. The Treasury breaks down which states get what through its program in the chart below, and HUD's EHLP assistance will go to the other 32 states.
HUD announced the program in August, a month after Dodd-Frank was signed. But in early January, Sen. Bob Casey (D-Pa.) sent a letter to HUD Secretary Shaun Donovan, urging him to disburse the funds he claims were overdue.
Two weeks later, advocates began to push the department as well.
"The program was overdue when it was enacted in July 2010," the groups said in a letter sent to Donovan Jan. 21. "This foreclosure crisis is too severe for such a slow pace of implementation."
A spokesman for HUD said homeowners should be able to apply for the EHLP program sometime during the first quarter of 2011.
"Unfortunately this time table is slower than we initially expected, reflecting implementation challenges for this new and unique program," the spokesman said. "We are committed to ensuring the program is as fair and effective as possible and we will take the necessary time to do that."
The groups met with HUD Tuesday to voice their concerns in person.
"We’re facing disaster and this is our last hope," Sharon Green, an unemployed homeowner in Philadelphia said. "We need this program ASAP. Thousands have already lost their homes and I don’t want to join them."
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Tags: Dodd-Frank, HUD, mortgage, unemployment
Posted in Servicing/Default, Slider, Top Stories | 14 Comments »
U.S. house prices were unchanged on a seasonally adjusted basis from October to November, according to the Federal Housing Finance Agency's monthly house price index.
Home prices fell 4.3% between November 2009 and November 2010. The FHFA revised the previously reported 0.7% increase in October down to a gain of 0.2%. The agency's monthly index is calculated using purchase prices of houses backing mortgages sold to or guaranteed by Fannie Mae or Freddie Mac.
The S&P/Case-Shiller index, which encompasses home prices outside federal-backed sales, showed November prices fell 1% from October and 1.6% from a year earlier. Eight cities reached new lows for home prices during the month.
For the nine Census Divisions, seasonally adjusted, monthly price changes from October to November ranged from -1.9% in the Mountain Division (Montana, Idaho, Wyoming, Nevada, Utah, Colorado, Arizona, and New Mexico) to +1.3% in the West South Central Division (Oklahoma, Texas, Arkansas, and Louisiana), according to the FHFA.
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Tags: 2010, Federal Housing Finance Agency, FHFA, November home prices
Posted in Origination/Lending, Top Stories | 2 Comments »
[Update 1: Corrects to nine cities reach new lows, adding city of Chicago.]
Home prices in November dropped 1.6% from the year-ago period and are down 1% from a month earlier, according to the S&P/Case-Shiller composite 20-city home price index —a broad gauge of U.S. home prices. The 10-city composite was down 0.4%.
Home prices were down in 16 of the 20 MSAs compared to a year ago, with just Los Angeles, San Diego, San Francisco and Washington, D.C., showing increases. On a month-to-month comparison in the 20-city composite, 19 of 20 had home price declines with only San Diego recording a scant 0.1% increase.
Nine markets — Atlanta; Charlotte, N.C.; Chicago; Detroit; Las Vegas; Miami; Portland, Ore.; Seattle and Tampa, Fla., — hit their lowest points since home values peaked in 2006 and 2007, meaning that average home prices in those markets have fallen even further than the lows set in the spring of 2009.
Since May 2010, home prices have slid. The 10-city composite has re-entered negative territory with a -0.4% annual growth rate in November, versus the +5.4% reported six months prior in May, and the 20-city composite was down 1.6% in November versus its +4.6% May print.
“With these numbers more analysts will be calling for a double-dip in home prices. Let’s take a moment to define a double-dip as seeing the 10- and 20-city composites set new post-peak lows. The series are now only 4.8% and 3.3% above their April 2009 lows, suggesting that a double-dip could be confirmed before spring.
“With an annual growth rate of +3.5% in November, Washington, D.C., was the strongest market, but still well below the +7.7% annual rate of growth seen in May 2010,” says David M. Blitzer, chairman of the index committee at Standard & Poor's.
Fourteen MSAs and both composites have posted at least four consecutive months of decline with November’s report.
U.S. house prices were unchanged on a seasonally adjusted basis from October to November, according to the Federal Housing Finance Agency's monthly house price index, also released on Tuesday.
The table below (click to expand) summarizes the results for November 2010. The Case-Shiller indices have a base value of 100 in January 2000. So a current index value of 150 translates to a 50% appreciation rate since January 2000.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: home prices, house prices, S&P/Case-Shiller, Standard & Poor's
Posted in Origination/Lending, Top Stories | 16 Comments »
BlackRock Inc. (BLK: 187.73 -0.07%) today reported fourth-quarter income of $657 million, or $3.35 a share, excluding items, up $401 million from a year ago and $106 million higher than the third quarter.
"We closed 2010 with strong earnings for the quarter and the year, attractive investment performance and growing new business momentum," said CEO Laurence Fink. "Away from merger-related outflows, new business was robust, with a combined $96.6 billion in fourth quarter net flows and net wins in the pipeline."
The full year operating margin was 34.8%, which included $90 million of integration costs associated with the December 2009 acquisition of Barclays Global Investors. The fourth-quarter operating margin was 37.7%.
"December 1, 2010 marked the one-year anniversary of our merger with BGI," Fink said. "We accomplished a great deal during our first year, evolving our culture, organizational structure and governance model."
BlackRock offers investment management, risk management and advisory services for institutional and retail clients. It currently has $3.56 trillion assets under management.
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Tags: Barclays Global Investors, BlackRock
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
A newly unsealed 56-count indictment charges 10 people in California in a $20 million mortgage fraud scheme in Bakersfield, Calif., said U.S. Attorney Benjamin Wagner.
Defendants surrendered or were arrested in recent days in San Diego, Ventura County, Bakersfield and Monterey, Calif., after being indicted two weeks ago.
Defendants David Crisp and Carlyle Cole were the owners of Crisp, Cole & Associates, also known as Crisp & Cole Real Estate. They also controlled Tower Lending, CCA’s in-house mortgage broker business. Other defendants were employed at CCA or at Tower Lending, or both. Five others, including a CPA and two former loan officers for Tower Lending, have previously pleaded guilty in related cases.
The indictment alleges that from approximately January 2004 to September 2007, the defendants schemed to defraud mortgage lenders by submitting fraudulent loan applications with material misrepresentations, including the borrower’s income, assets, employment status and intent to use the home as the borrower’s primary residence.
The indictment alleges that the defendants flipped homes, which is the selling of a single home on multiple occasions, through a series of fraudulent transactions to co-defendants, straw buyers and others in order to artificially inflate the prices of the residences. The defendants typically increased the loan amounts and used close to 100% financing in order to extract the inflated equity amounts from the properties on each financing transaction.
CCA generally acted as the real estate brokerage on the sales, and Tower Lending acted as the mortgage brokerage, generating substantial commissions and fees for the defendants on each transaction.
“In the mid-2000s, Crisp, Cole, and Associates was a high-flying real estate firm,” Wagner said. “When mortgage fraud is committed on a broad scale, as alleged in this indictment, the mortgage lenders are not the only victims. Fraud schemes that involve rapid inflation of real estate prices followed by sudden foreclosures create a market rollercoaster that takes many innocent homeowners along for the ride.”
The investigation included the FBI, the Department of Housing and Urban Development and the Bakersfield Police Department. The enforcement action is also part of President Obama’s Financial Fraud Enforcement Task Force.
Charges varied per individual but included conspiracy to commit bank, mail and wire fraud, and individual counts of mail fraud. Certain defendants were also charged with wire fraud, bank fraud, and conspiracy to launder money.
The defendants face a maximum prison sentence of 10 to 30 years and a maximum $1 million fine, depending on the charge.
The case involved the following defendants: David Marshall Crisp, 31; Carlyle Lee Cole, 63; Julie Dianne Farmer, 42; Sneha Ramesh Mohammadi, 49; Jayson Peter Costa, 38; Jeriel Salinas, 29; Robinson Dinh Nguyen 30; Michael Angelo Munoz, 31; Jennifer Anne Crisp, 29; and Caleb Lee Cole, 35.
Defendant Jennifer Crisp is the wife of David Crisp, and defendant Caleb Cole is the son of Carlyle Cole.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: Bakersfield Police Department, bank fraud, California, CCA, Cole & Associates, Crisp, Crisp & Cole Real Estate, Department of Housing and Urban Development, FBI, mortgage fraud, obama, Tower Lending
Posted in Origination/Lending, Top Stories | 5 Comments »
Regulators are mulling a 20% down payment requirement for loans considered qualified residential mortgages, meaning the lender must retain some risk in any loans with less paid up front.
But whether or not the private market is willing to fill the gap and take the risk is up in the air.
The Dodd-Frank Act called for the QRM rules to be set by federal banking agencies, the Department of Housing and Urban Development, and the Federal Housing Finance Agency 270 days after the signing of the bill. That will be sometime around April 28, 2011.
According to Dodd-Frank, only those loans set within the parameters established by regulators can be sold or securitized without either the lender or issuer retaining the risk of those loans in the future. Federal Deposit Insurance Corp. Chairman Sheila Bair said regulators are looking at loan-to-value ratios and other aspects while developing the rule.
"I think you'll see a balanced approach," Bair said while speaking at the Mortgage Bankers Association summit in Washington last week. "We're looking at the 80% LTV as an industry norm. I think that worked pretty well."
While the rulemakers work to define the appropriate range for the rules, others are concerned over who would fill the nonconforming loan gap.
"The question is what happens to those with less than 20% down. Some regulators, in our view, believe the private sector will respond with a home loan product for consumers with between 5% and 19% down," said the Washington, D.C., policy think tank MF Global.
But these loans will most likely be priced like a Federal Housing Administration mortgage and would be more expensive for homebuyers, MF Global said. Lenders and issuers may have to make representations and warranties to investors, possibly creating "a situation where less-than-perfect borrowers have no ability to get mortgages, which could make an already tight mortgage market even tighter," MF Gobal said.
However, those actually in the private sector are more confident, and two years removed from the financial crisis, some are ready for that risk. They just need to know the rules before they jump back in.
"Investors looking for yield will always be in the market for nonconforming risk based pricing, from quality management teams with consistent underwriting and quality control standards," J.T. Smith, chief investment officer for boutique investment bank Aristar Funding Corp., said.
Smith added that it wasn't the downpayment that caused housing problems in the U.S. He said lax regulations kept investors in the dark on how proliferate certain risky mortgages had become led the to the market's downfall.
"The private sector will always step up, as long as regulators don’t overreact," Smith said.
Write to Jon Prior.
Follow him on Twitter: @JonAPrior
Tags: Dodd-Frank, FDIC, FHA, FHFA, HUD, mortgage, Mortgage Bankers Association, QRM, Sheila Bair
Posted in Origination/Lending, Top Stories | 9 Comments »
Residents and consumer groups will meet with Iowa Attorney General Tom Miller Tuesday to push for a national settlement in the robo-signing investigation.
Miller is leading the 50-state AG investigation into major lenders such Wells Fargo (WFC: 29.37 +1.10%), Bank of America (BAC: 7.25 -0.68%), Ally Financial (GJM: 22.43 -0.62%) and JPMorgan Chase (JPM: 37.40 -0.24%) for signing foreclosure affidavits without reviewing documentation or having previous knowledge of a specific case.
Miller believes a strong settlement would require banks to complete substantially more loan modifications, offer borrowers a principal reduction before allowing a foreclosure proceeding and include remedial action for foreclosed homeowners who have already lost their residence.
At a first meeting, Miller said he supports criminal prosecutions for banking executives as a possible outcome from a partnership between his office, and the U.S. Attorney for the Southern District of Iowa. A spokesman for Miller's office told HousingWire that the multistate investigation is a civil one.
This will be the second meeting with consumer groups, such Iowa Citizens for Community Improvement, on this issue. The Iowa CCI has more than 250 members.
The meeting will be held Tuesday Jan. 25 at the Wallace Building on E. 9th Street in Des Moines.
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Disclosure: The author holds no relevant investments.
Tags: foreclosure gate, Iowa Citizens for Community Improvement, robo-signing, Tom Miller
Posted in Servicing/Default, Top Stories | 1 Comment »
North Texas auction house Hudson & Marshall hosted property sales for more than 250 real estate-owned homes in Atlanta over the weekend, 95% of which received bids.
Principal David Webb said that auctions are becoming a more viable way to purchase a home because of the amount and quality of the inventory hitting the market.
"The downturn in the housing market has made buyers more educated and savvy about the homebuying process," Webb said. "With the high levels of foreclosures flooding the market, consumers have realized that foreclosures don’t necessarily mean rundown property anymore. They can be purchased at a reduced price and in move-in ready condition."
Both owner-occupants and investors attended the Jan. 22-23 auctions. The properties with current bids, which Hudson & Marshall said are subject to seller acceptance, were priced between $15,000 and $218,000. Also up for bid were a substantial amount of "name your own price" properties, with a price range between $35,000 and $75,000, according to the firm.
Lenders filed a record 3.8 million foreclosures in 2010, up 2% from 2009 and an increase of 23% from 2008, according to RealtyTrac. But this year could be even worse. Georgia ranked sixth among the 50 states last year in total number of foreclosure filings with 130,966 filings, up more than 23% from 2009.
Hudson & Marshall will hold another round of auctions of 200 homes beginning Tuesday in Washington, D.C., Baltimore and the Virginia cities of Richmond and Norfolk.
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Tags: Atlanta, auction, Hudson & Marshall, Hudson and Marshall
Posted in Servicing/Default, Top Stories | 1 Comment »
A recent ruling from a federal judge denying class action status to a group of investors suing Ally Financial (GJM: 22.43 -0.62%) and the Royal Bank of Scotland will hurt them and other investors hoping to get compensation for soured mortgage-backed securities, Moody's Investors Service said.
U.S. District Judge Harold Baer ruled last week that the investors in the Ally and RBS case rose "individualized issues" and even said some plaintiffs knew that the underwriting standards for the underlying loans were being lowered, while other plaintiffs were in the dark. Collectively, the claims are worth $37.6 billion according to court documents.
Moody's analysts said the ruling "will negatively affect plaintiffs in the large number of similar multibillion-dollar securities lawsuits pending in federal court against large investment banks and chill future lawsuits based on similar legal theories."
In this case, the varying amount of knowledge of the loans held by the investors and the varying dates that they made their purchase kept them from the class-action status. Moody's said this might mean plaintiffs in the future will have to pursue litigation on an individual basis, resulting fewer such cases for the banks.
However, analysts stopped short of saying the ruling will set a meaningful precedent for class-action lawsuits against issuers for representations and warranties. The legal issues in those cases would likely be different, Moody's said.
"The ruling is particular to securities laws claims that depend on the level of knowledge of the purchaser," Moody's said. "Claims for breaches of representations and warranties are based in contract law and do not hinge on the particular knowledge of the investors."
Write to Jon Prior.
Follow him on Twitter: @JonAPrior
Tags: Ally Financial, investors, mortgage, Royal Bank of Scotland, ruling
Posted in Secondary Market/Investors, Top Stories | 1 Comment »














The mortgage servicing industry is in the middle of its worst nightmare: being forced to do something it doesn't want to do.
And things are going to get worse. But this time, it won't be the mortgage servicers thrown to the wolves. It will be holders of 30-year, fixed-rate mortgages who remain current on their loans.
Treasury Department Secretary Timothy Geithner and Department of Housing and Urban Development Secretary Shaun Donovan supported the latest initiative to raise mortgage servicing fees, so that businesses can competitively compensate attention to loans.
"The current model has not motivated mortgage servicers to invest the time, effort and resources needed to fully explore all options to help delinquent borrowers avoid foreclosure," they wrote in a letter to Edward DeMarco of the Federal Housing Finance Agency. "As we move ahead on a comprehensive plan to reform the nation's housing finance system, addressing this issue will help better protect homeowners, investors and taxpayers, while also increasing efficiency and competition in that market."
It's a sliding scale. Mortgage borrowers who pay mortgage servicers month in and month out will get the least amount of attention. People more than 60 days delinquent, and up the default chain, will get the most.
Keep in mind the aim is to avoid foreclosure as well, so staying in the home is doubly incentivized, both for the servicer and distressed borrower. If the borrower is suddenly shut out of the property and the mortgage ends, the higher fees end as well.
So where will the money to pay these fees come from?
The amount of outstanding mortgage debt continues to fall. The absorption rate on supply is unthinkable, let alone achievable. The refi wave is more like a ripple and those that do refinance tend to do so to get shorter mortgages.
Total revenue passing to mortgage servicers is at an all time low, as efficiencies drop at America's largest mortgage companies, according to the Mortgage Bankers Association (below chart).
Meanwhile, interest rates are likely to inch up, creating potential capacity issues, according to Laurie Goodman at Amherst Securities: "Another possibility is that at these higher rates, originators will be left with unused capacity," she said. "During prior refi waves, originators focused efforts on the most profitable loans; after the refi wave they turned their attention to the more difficult to refinance and less valuable loans."
Two things: The housing market is really shook up, and the industry is not good at enacting change.
So here comes this idea to change fees in a way that adds to cost but not to revenue.
This only means higher rates for borrowers who are best at paying their bills. And more attention for those who aren't.
Analysts at JPMorgan still see some investor backlash to the proposed changes as they stand, and don't expect any movement until 2012 at least.
If Campbell Surveys is correct in saying that demand for buying homes among potential homeowners is getting stronger, well then that's good news. The industry will need those new borrowers to pay for the old loans.
Write to Jacob Gaffney.
Follow him on Twitter @JacobGaffney.
Tags: amherst securities, Mortgage Servicing fees
Posted in Commentary, Jacob Gaffney, Voices | 2 Comments »